JA_23-0350_ECP1310_28Sept23_FINAL_Redacted.pdf

J&A 23-0350

In accordance with FAR 6.302-1(a)(2)(iii)(B), the Government has deemed the requirements listed above are available only from the original source in the case of follow-on contracts and award to any other source would result in unacceptable delays in fulfilling the Navy’s requirements.

Mercury, as a supplier to The Boeing Company, is the sole designer and producer of the CPA used in CPOMS. This CPOMS CPA Dimming Curve Firmware Update is critical for pilot safety as the current display light is distracting while flying at night. Mercury has provided test units to conduct evaluations with very little notice, and these test units were found acceptable to mitigate the safety risk. Mercury, as the Original Equipment Manufacturer (OEM), has the resources available and ready to quickly perform the firmware update and return the units to the Navy. As such, Mercury is the only known qualified and responsible source possessing the engineering data, technical skills, requisite knowledge of the design, fabrication, performance, and operational characteristics of the CPOMS CPA necessary to update the firmware.

The timeframe to qualify another source to update the CPOMS Indicator Light would be based on competing a source to update firmware, and up to 18 months to get on contract, which continues to leave aircrew at risk.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

A Sources Sought Notice was posted on 31 August 2023. In accordance with FAR 5.201, this requirement was synopsized on SAM.gov on 18 September 2023 specifically stating the Government’s intent and rationale to contract sole source with Mercury. To date, no responses have been received to this synopsis. The Contracting Officer will evaluate all responses received prior to award.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph five, NAVAIR has no plans at this time to compete future contracts for the types of requirements covered in this document. If another potential source emerges, NAVAIR will assess whether competition for future CPOMS/CPA requirements are feasible.

J&A 23-0350

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

CONTRACTING OFFICER CERTIFICATION